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A07274 Summary:

BILL NOA07274A
 
SAME ASSAME AS S05624-A
 
SPONSORBarron
 
COSPNSRPretlow, Wright, Sepulveda, Dickens, Aubry, Walker, Blake, Williams, Richardson, Crespo, Solages, Pichardo, Arroyo, Rodriguez, Mosley, Peoples-Stokes, Cook, Rivera, De La Rosa, Perry, Vanel, Titus, Hyndman, Hooper, Cahill, Gantt, Jean-Pierre, Bichotte, Taylor
 
MLTSPNSR
 
 
Relates to acknowledging the fundamental injustice, cruelty, brutality, and inhumanity of slavery in the city of New York and the state of New York; establishing the commission to study reparations for African-Americans and to recommend remedies to examine the institution of slavery, subsequently de jure and de facto racial and economic discrimination against African-Americans, the impact of these forces on living African-Americans and to make recommendations on appropriate remedies; makes an appropriation therefor; and provides for the repeal of such provisions.
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A07274 Actions:

BILL NOA07274A
 
04/17/2017referred to governmental operations
06/15/2017reported referred to ways and means
06/16/2017amend and recommit to ways and means
06/16/2017print number 7274a
01/03/2018referred to ways and means
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A07274 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7274A
 
SPONSOR: Barron
  TITLE OF BILL: An act to acknowledge the fundamental injustice, cruelty, brutality and inhumanity of slavery in the city of New York and the state of New York; to establish the Commission to Study Reparations for African-Americans and to Recommend Remedies, to examine the institu- tion of slavery, subsequently de jure and de facto racial and economic discrimination against African-Americans, and the impact of these forces on living African-Americans and to make recommendations on appropriate remedies; making an appropriation therefor; and providing for the repeal of such provisions upon expiration thereof   PURPOSE OR GENERAL IDEA OF BILL: This bill establishes the Commission to Study Reparations for Afri- can:kmericans and to Recommend. Remedies; makes an appropriation of $250,000   SUMMARY OF PROVISIONS: Section 1. This act shall be known and may he cited. as the 'Reparations commission on slavery in New York state; a study and call remedies act". § 2. Legislative intent. Contrary to what many people believe, slavery was net just a southern institution. Prior to the American Revolution, there were r=e enslaved Africans in New York City than in any other city except Charleston, South Carolina. During this period, slaves accounted for 20% of lie population of New York end approximately 40% of colonial New York's households owned slaves. These slaves were an integral part of the population which settled and developed What we now know as the state of New York. The first enslaves arrived in New Amsterdam, a Dutch settlement estab- lished at the southern tip of Manhattan Island, around 1627. These enslaved Africans Old not belong to individuals, but worked for the Dutch West India Company. The Dutch East India Company had established fort Amsterdam, a fortification located on the southern tip of the island of Manhattan, for the purpose of defending the company's fur trade operations in the North River, now known as the Hudson River. In 1624, New Amsterdam became a provincial extension pf the Dutch Republic and it was designated the capital of the province in 1625. These first enslaved Africans cleared forests, prepared land for agri- culture and built an infrastructure of roads, buildings and walls of timber and earthwork, including the wall that gives Wall Street its name. During the following years, more and more enslaved Africans were brought to the New World for the purpose of expanding the settlement. New Amsterdam came under English control in 1664 and was renamed New York in honor of the then Duke of York, in whose name the English had captured it. Three years later, the Dutch gave up their claim to the town and the rest of the colony, in exchange for control of certain trade routes and areas. The change of control of the city did not deter slavery; it was an enor- mously profitable enterprise and it continued under the English. New York businesses engaged directly in slave trade and also in the production of supplies used in the slave trade. They supplied food, tools and grain to slave plantations in North America and in the West Indies. Slave labor built and maintained ships used for trade between North America, Europe, the Caribbean and Africa. Slaves produced goods for, sale and worked in private homes. Even newspapers benefited from slavery; advertisements of slaves for purchase were a major source of revenue for the papers during the eighteenth century. Life was repressive for slaves in New York. The New York City Common Council passed a number of restrictive laws designed at curtailing the rights and freedom of slaves. Slaves were barred from owning significant property and from bequeathing what they did own to their children. The number of people of African descent who could gather in one place was limited. Restrictions on movement included requiring slaves to carry lanterns after dark and to remain in certain geographic areas. Penalties for breaking these and other laws were severe. Beatings, mutilations and executions were common. Enslaved Africans refused to submit to the slave existence. The condi- tions of their lives gave rise to rebellions and the development in the city of a network of the Underground Railroad. Not all citizens of New York agreed with slavery. A powerful abolition- ist movement developed, but the end of slavery in New York did not come easily or quickly., Those who profited from the slave economy fought to maintain the system. In 1799 the New York state legislature passed "An Act for the Gradual Abolition of Slavery". This legislation was a first step in the direc- tion of emancipation, but did not have an immediate effect or affect all slaves. Rather, it provided for gradual manumission. All children born to slave women after July 4, 1799 would be freed, but only after their most productive years: age 28 for men and age 25 for women. Slaves already in servitude before July 4, 1799 were reclassified' as "inden- tured servants", but in reality, remained slaves for the duration of their lives. In 1817, the Legislature enacted a statute that gave freedom. to New York slaves who had been born before July 4, 1799. This statute did not become effective until July 4, 1827, however. Despite these laws, there were exceptions under which certain persons could still own slaves. Non-residents could enter New York with slaves for up to nine months, and allowing part-time residents to bring their slaves into the state temporarily. The nine-months exception remained law until its repeal in 141, when the North was re-defining itself as the "free" region in advance of the civil war. In 1991, a huge African burial ground was discovered in the heart of New York's financial district during construction of a skyscraper. The excavations that followed the termination of the construction project yielded the skeletal remains of 419 Africans, many of whom were women and children. The slavery that flourished in the New York state constituted an immoral and inhumane deprivation of Africans' life, liberty, African citizenship rights, and cultural heritage, and denied them the fruits of their own labor. Sufficient inquiry has not been made into the effects of the institution of slavery on living African-Americans and society in New York. §3. Establishment, purpose and duties of the commission. A. Establish- ment. There is hereby established the Commission to Study Reparations for African-Americans and to Recommend Remedies (hereinafter referred to as the "commission"). b. Duties. The commission shall perform the following duties: (1) Examine the institution of slavery which existed within the state of New York and in the city of New York. The commission's examination shall include an examination of: (A) the capture and procurement of Africans; (B) the transport of Africans to the United States and the colonies that became the United States for the purpose of enslavement, including their treatment during transport; (C) the sale and acquisition of Africans as chattel property in inter- state and intrastate commerce; and (D) the treatment of African slaves in the city of New York and the state of New York, including the deprivation of their freedom; exploita- tion of their labor, and destruction of their culture, language, reli- gion, and families. (2) Examine the extent to which the federal and state governments of the 'United States supported the institution of slavery in constitutional and statutory provisions, including the extent to which such governments prevented, opposed, or restricted efforts of freed African slaves to repatriate to their homeland. (3) Examine federal and state laws that discriminated against freed African slaves and their descendants during the period between the end of the Civil War and the present. (4) Examine other forms of discrimination in the public and private sectors against freed African slaves and their descendants during the period between the end of the Civil War and the present. (5) Examine the lingering negative effects of the institution of slavery and the matters described in paragraphs (1), (2), (3), and (4) of this subdivision on living African-Americans and on society in the United States. (6) Recommend appropriate ways to educate the American public of the commission's findings. (7) Recommend appropriate remedies in consideration of the commission's findings on the matters described in paragraphs (1), (2), (3), and (4) of this subdivision. In making such recommendations, the commission shall address among other issues, the following questions: (A) whether the New York state legislature should offer a formal apology on behalf of the people of the United States for the perpetration of gross human rights violations on African slaves and their descendants; (B) whether African-Americans still suffer from the lingering effects of the matters described in paragraphs (1), (2), (3), and (4) of this subdivision; (C) whether, in consideration of the commission's findings, any form of compensation to the descendants of African slaves is warranted; and (D) if the commission finds that such compensation is warranted, what should be the amount of compensation, what form of compensation should be awarded, and who should be eligible for such compensation. c. Report to the legislature. The commission shall submit a written report of its findings and recommendations to the temporary president of the senate, the speaker of the assembly, the minority leaders of the senate and the assembly and the governor not later than the date which is one year after the date of the first meeting of the commission held pursuant to subdivision c of section four of this act. §4. Membership. a. The commission shall be composed of eleven members who shall be appointed within 90 days after the effective date of this act, as follows: (1) one member shall be appointed by the governor; (2) one member shall be appointed by the speaker of the assembly; (3) one member shall be appointed by the temporary president of the senate; (4) one member shall be appointed by the minority leader of the assem- bly; (5) one member shall be appointed by the minority leader of the senate; (6) two members shall be appointed by the National Coalition of Blacks for Reparations in America (N.C.O.B.R.A.); (7) two members shall be appointed by the December 12th Movement; and (8) two members shall be appointed by Dr. Ron Daniels of the Institute of the Black World. b. All members of the commission shall be persons who are especially Qualified to serve on the commission by virtue of their education, training, or experience, particularly in the field of African-American studies. c. First meeting. The chair shall call the first meeting of the commis- sion within 120 days after the effective date of this act or within 30 days after the date on which legislation is enacted making appropri- ations to carry out this act, whichever date is later. d. Quorum. Eight members of the commission shall constitute a quorum, but a lesser number may hold hearings. e. Chair and vice chair. The commission shall elect a Chair and Vice Chair from among its members. The term of office for each shall be for one year. f. Compensation. The members of the commission shall receive no compen- sation for their services as members, but shall be reimbursed for their actual And necessary expenses incurred-in-the performance of their duties. §5. Powers of the commission. a. Hearings and sessions. The commission may, for the purpose of carrying out the provisions of this act, hold such hearings and sit and act at such times and at such places in the United States, and request the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the commission considers appropri- ate. b. Powers of subcommittees and members. Any subcommittee or member of the commission may, if authorized by the commission, take any action which the commission is authorized to take by this section. c. Obtaining official data. The commission may acquire directly from the head of any department, agency, or instrumentality of the executive branch of the government, available information which the commission considers useful in the discharge of its duties. All departments, agen- cies and instrumentalities of the executive branch of the government shall cooperate. with the commission with respect to such information and shall furnish all information requested by the commission to the extent permitted by law. §6. Administrative provisions. a. Experts and consultants. The commis- sion may procure through a competitive process the services of experts and consultants. b. Administrative support services. The commission may enter into agree- ments with the commissioner of general services for procurement of financial and administrative services necessary for the discharge of the duties of the commission. Payment for such services shall be made by reimbursement from funds of the commission in such amounts as may be agreed upon by the chair of the commission and the commissioner of general services. c. Contracts. The commission may: (1) procure supplies, services, and property by contract in accordance with applicable laws and regulations and to the extent or in such amounts as are provided in appropriations acts; and (2) enter into contracts with departments, agencies, and instrumentali- ties of the federal government, state agencies, and private firms, institutions, and agencies, for the conduct of research or surveys, the-preparation of reports, and other activities necessary for the discharge of the duties of the commission, to the extent or in such amounts as are provided in appropriations acts. §7.Termination. The commission shall terminate 90 days after the date on which the commission submits its report to the temporary president of the senate, the speaker of the assembly, the minority leaders of the senate and the assembly and the governor as provided in subdivision c of Section three of this act. § 8. The performance of the commission's duties, purposes and objectives shall be executed within amounts made available by appropriation there- for. §9. The sum of two hundred fifty thousand dollars ($250,000), or so much thereof as may be necessary, is hereby appropriated to the Commission to Study Reparations for African-Americans and to Recommend Remedies from any moneys in the state treasury in the general fund, not otherwise appropriated, for the purposes of carrying out the provisions of this act. Such sum shall be payable on the audit and warrant of the state chair of the Commission to Study Reparations for African-Americans and to Recommend Remedies, or his or her duly designated representative in the manner provided by law. §10. This act shall take effect immediately and shall expire and be deemed repealed 30 days after the Commission to Study Reparations for African-Americans and to Recommend Remedies submits its report to the temporary president of the senate, the speaker of the assembly, the minority leaders of the senate and the assembly and the governor as provided in subdivision c of section three of this act; provided that, the chair of the Commission to Study Reparations for African-Americans and to Recommend Remedies shall notify the legislative bill drafting commission upon the submission of its report as provided in subdivision c of section three of this act in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York furtherance of effecting the provisions of section 44 of the legislative law and section 70b or the public officers law.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): § 4. Membership. a. The commission shall be composed of eleven members who shall be appointed within 90 days after the effective date of this act, as follows: (6) two members shall be appointed by the National Coalition of Blacks for Reparations in America (N.C.O.B.R.A.); (7) two members shall be appointed by the December 12th Movement; and (8) two members shall be appointed by Dr. Ron Daniels of the Institute of the Black World   JUSTIFICATION: To acknowledge the fundamental injustice, cruelty, brutality and inhu- manity of slavery in the City of New York and the State of New York.   PRIOR LEGISLATIVE HISTORY: None   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:   EFFECTIVE DATE: This act shall take effect immediately and shall expire and be deemed repealed 30 days after the Commission to Study Reparations for African- Americans and to Recommend Remedies submits its report to the temporary president of the senate, the speaker of the assembly, the minority lead- ers of the senate and the assembly and the governor as provided in subdivision c of section three of this act; provided that, the chair of the Commission to Study Reparations for African-Americans and to Recom- mend Remedies shall notify the legislative bill drafting commission upon the submission of its report as provided in subdivision c of section three of this act in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state.of New York furtherance of effecting the provisions of section 44 of the legislative law and section 70-b or the public officers law.
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A07274 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7274--A
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 17, 2017
                                       ___________
 
        Introduced by M. of A. BARRON, HARRIS, PRETLOW, WRIGHT, SEPULVEDA, DICK-
          ENS,  AUBRY,  WALKER,  BLAKE,  WILLIAMS,  RICHARDSON, CRESPO, SOLAGES,
          PICHARDO, ARROYO, RODRIGUEZ,  MOSLEY,  PEOPLES-STOKES,  COOK,  RIVERA,
          DE LA ROSA,  PERRY,  VANEL,  TITUS,  HYNDMAN,  HOOPER,  CAHILL, GANTT,
          JEAN-PIERRE -- Multi-Sponsored by -- M. of A. FARRELL -- read once and
          referred to the Committee on Governmental Operations --  reported  and
          referred  to  the Committee on Ways and Means -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee
 
        AN  ACT to acknowledge the fundamental injustice, cruelty, brutality and
          inhumanity of slavery in the city of New York and  the  state  of  New
          York; to establish the Commission to Study Reparations for African-Am-
          ericans and to Recommend Remedies, to examine the institution of slav-
          ery,  subsequently  de jure and de facto racial and economic discrimi-
          nation against African-Americans, and the impact of  these  forces  on
          living  African-Americans  and  to make recommendations on appropriate
          remedies; making an appropriation  therefor;  and  providing  for  the
          repeal of such provisions upon expiration thereof

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act shall be known and may be cited  as  the  "Repara-
     2  tions  commission  on  slavery  in  New York state; a study and call for
     3  remedies act".
     4    § 2. Legislative intent.  Contrary to what many people believe,  slav-
     5  ery  was  not  just  a southern institution. Prior to the American Revo-
     6  lution, there were more enslaved Africans in New York City than  in  any
     7  other city except Charleston, South Carolina. During this period, slaves
     8  accounted for 20% of the population of New York and approximately 40% of
     9  colonial  New York's households owned slaves. These slaves were an inte-
    10  gral part of the population which settled and developed what we now know
    11  as the state of New York.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09600-03-7

        A. 7274--A                          2
 
     1    The first slaves arrived in New Amsterdam, a Dutch  settlement  estab-
     2  lished  at  the  southern  tip  of  Manhattan Island, around 1627. These
     3  enslaved Africans did not belong to  individuals,  but  worked  for  the
     4  Dutch  West  India Company. The Dutch East India Company had established
     5  Fort  Amsterdam,  a  fortification  located  on  the southern tip of the
     6  island of Manhattan, for the purpose  of  defending  the  company's  fur
     7  trade  operations  in the North River, now known as the Hudson River. In
     8  1624, New Amsterdam became a provincial extension of the Dutch  Republic
     9  and it was designated the capital of the province in 1625.
    10    These first enslaved Africans cleared forests, prepared land for agri-
    11  culture  and  built  an  infrastructure of roads, buildings and walls of
    12  timber and earthwork, including the wall  that  gives  Wall  Street  its
    13  name.  During  the following years, more and more enslaved Africans were
    14  brought to the New World for the purpose of expanding the settlement.
    15    New Amsterdam came under English control in 1664 and was  renamed  New
    16  York  in  honor  of the then Duke of York, in whose name the English had
    17  captured it. Three years later, the Dutch gave up  their  claim  to  the
    18  town  and  the  rest  of  the colony, in exchange for control of certain
    19  trade routes and areas.
    20    The change of control of the city did not deter  slavery;  it  was  an
    21  enormously profitable enterprise and it continued under the English. New
    22  York  businesses  engaged  directly  in  slave  trade  and  also  in the
    23  production of supplies used in the slave trade.    They  supplied  food,
    24  tools  and  grain  to slave plantations in North America and in the West
    25  Indies.  Slave labor built and maintained ships used for  trade  between
    26  North  America,  Europe, the Caribbean and Africa. Slaves produced goods
    27  for sale and worked in private homes.  Even  newspapers  benefited  from
    28  slavery:    advertisements of slaves for purchase were a major source of
    29  revenue for the papers during the eighteenth century.
    30    Life was repressive for slaves in New York. The New York  City  Common
    31  Council  passed  a number of restrictive laws designed at curtailing the
    32  rights and freedoms of slaves.  Slaves were barred from  owning  signif-
    33  icant property and from bequeathing what they did own to their children.
    34  The  number  of  people of African descent who could gather in one place
    35  was limited. Restrictions on movement included requiring slaves to carry
    36  lanterns after dark and to remain in certain geographic areas.
    37    Penalties for breaking these and other  laws  were  severe.  Beatings,
    38  mutilations and executions were common.
    39    Enslaved Africans refused to submit to the slave existence. The condi-
    40  tions  of their lives gave rise to rebellions and the development in the
    41  city of a network of the Underground Railroad.
    42    Not all citizens of New York agreed with slavery.  A  powerful  aboli-
    43  tionist  movement  developed, but the end of slavery in New York did not
    44  come easily or quickly. Those who profited from the slave economy fought
    45  to maintain the system.
    46    In 1799 the New York state legislature passed "An Act for the  Gradual
    47  Abolition  of  Slavery". This legislation was a first step in the direc-
    48  tion of emancipation, but did not have an immediate effect or affect all
    49  slaves. Rather, it provided for gradual manumission. All  children  born
    50  to  slave  women after July 4, 1799 would be freed, but only after their
    51  most productive years: age 28 for men  and  age  25  for  women.  Slaves
    52  already  in  servitude  before July 4, 1799 were reclassified as "inden-
    53  tured servants", but in reality, remained slaves  for  the  duration  of
    54  their lives.

        A. 7274--A                          3
 
     1    In  1817,  the  Legislature enacted a statute that gave freedom to New
     2  York slaves who had been born before July 4, 1799. This statute did  not
     3  become effective until July 4, 1827, however.
     4    Despite  these laws, there were exceptions under which certain persons
     5  could still own slaves. Non-residents could enter New York  with  slaves
     6  for  up  to nine months, and allowing part-time residents to bring their
     7  slaves into the state temporarily. The  nine-months  exception  remained
     8  law  until  its repeal in 1841, when the North was re-defining itself as
     9  the "free" region in advance of the civil war.
    10    In 1991, a huge African burial ground was discovered in the  heart  of
    11  New  York's  financial district during construction of a skyscraper. The
    12  excavations that followed the termination of  the  construction  project
    13  yielded  the  skeletal  remains of 419 Africans, many of whom were women
    14  and children.
    15    The slavery that flourished in  the  New  York  state  constituted  an
    16  immoral  and  inhumane  deprivation  of Africans' life, liberty, African
    17  citizenship rights, and cultural heritage, and denied them the fruits of
    18  their own labor. Sufficient inquiry has not been made into  the  effects
    19  of the institution of slavery on living African-Americans and society in
    20  New York.
    21    §  3.  Establishment, purpose and duties of the commission.  a. Estab-
    22  lishment. There is hereby established the Commission  to  Study  Repara-
    23  tions  for  African-Americans  and  to  Recommend  Remedies (hereinafter
    24  referred to as the "commission").
    25    b. Duties. The commission shall perform the following duties:
    26    (1) Examine the institution of slavery which existed within the  state
    27  of  New  York  and in the city of New York. The commission's examination
    28  shall include an examination of:
    29    (A) the capture and procurement of Africans;
    30    (B) the transport of Africans to the United States  and  the  colonies
    31  that  became the United States for the purpose of enslavement, including
    32  their treatment during transport;
    33    (C) the sale and acquisition of Africans as chattel property in inter-
    34  state and intrastate commerce; and
    35    (D) the treatment of African slaves in the city of New  York  and  the
    36  state of New York, including the deprivation of their freedom, exploita-
    37  tion  of  their labor, and destruction of their culture, language, reli-
    38  gion, and families.
    39    (2) Examine the extent to which the federal and state  governments  of
    40  the United States supported the institution of slavery in constitutional
    41  and statutory provisions, including the extent to which such governments
    42  prevented,  opposed,  or  restricted  efforts of freed African slaves to
    43  repatriate to their homeland.
    44    (3) Examine federal and state laws that  discriminated  against  freed
    45  African  slaves  and their descendants during the period between the end
    46  of the Civil War and the present.
    47    (4) Examine other forms of discrimination in the  public  and  private
    48  sectors  against  freed  African slaves and their descendants during the
    49  period between the end of the Civil War and the present.
    50    (5) Examine the lingering negative effects of the institution of slav-
    51  ery and the matters described in paragraphs (1), (2), (3),  and  (4)  of
    52  this  subdivision  on  living  African-Americans  and  on society in the
    53  United States.
    54    (6) Recommend appropriate ways to educate the American public  of  the
    55  commission's findings.

        A. 7274--A                          4
 
     1    (7)  Recommend  appropriate  remedies  in consideration of the commis-
     2  sion's findings on the matters described in paragraphs  (1),  (2),  (3),
     3  and (4) of this subdivision. In making such recommendations, the commis-
     4  sion shall address among other issues, the following questions:
     5    (A) whether the New York state legislature should offer a formal apol-
     6  ogy on behalf of the people of the United States for the perpetration of
     7  gross human rights violations on African slaves and their descendants;
     8    (B)  whether African-Americans still suffer from the lingering effects
     9  of the matters described in paragraphs (1), (2), (3), and  (4)  of  this
    10  subdivision;
    11    (C)  whether,  in consideration of the commission's findings, any form
    12  of compensation to the descendants of African slaves is warranted; and
    13    (D) if the commission finds that such compensation is warranted,  what
    14  should  be  the amount of compensation, what form of compensation should
    15  be awarded, and who should be eligible for such compensation.
    16    c. Report to the legislature. The commission shall  submit  a  written
    17  report of its findings and recommendations to the temporary president of
    18  the  senate,  the  speaker  of the assembly, the minority leaders of the
    19  senate and the assembly and the governor not later than the  date  which
    20  is  one  year after the date of the first meeting of the commission held
    21  pursuant to subdivision c of section four of this act.
    22    § 4. Membership. a. The commission shall be composed of eleven members
    23  who shall be appointed within 90 days after the effective date  of  this
    24  act, as follows:
    25    (1) one member shall be appointed by the governor;
    26    (2) one member shall be appointed by the speaker of the assembly;
    27    (3)  one  member  shall be appointed by the temporary president of the
    28  senate;
    29    (4) one member shall be appointed by the minority leader of the assem-
    30  bly;
    31    (5) one member shall be  appointed  by  the  minority  leader  of  the
    32  senate;
    33    (6) two members shall be appointed by the National Coalition of Blacks
    34  for Reparations in America (N.C.O.B.R.A.);
    35    (7) two members shall be appointed by the December 12th Movement; and
    36    (8) two members shall be appointed by Dr. Ron Daniels of the Institute
    37  of the Black World.
    38    b.  All  members of the commission shall be persons who are especially
    39  qualified to serve on the  commission  by  virtue  of  their  education,
    40  training,  or  experience, particularly in the field of African-American
    41  studies.
    42    c. First meeting. The chair  shall  call  the  first  meeting  of  the
    43  commission within 120 days after the effective date of this act or with-
    44  in  30 days after the date on which legislation is enacted making appro-
    45  priations to carry out this act, whichever date is later.
    46    d. Quorum. Eight members of the commission shall constitute a  quorum,
    47  but a lesser number may hold hearings.
    48    e.  Chair  and vice chair. The commission shall elect a Chair and Vice
    49  Chair from among its members. The term of office for each shall  be  for
    50  one year.
    51    f.  Compensation.  The  members  of  the  commission  shall receive no
    52  compensation for their services as members, but shall be reimbursed  for
    53  their actual and necessary expenses incurred in the performance of their
    54  duties.
    55    §  5. Powers of the commission.  a. Hearings and sessions. The commis-
    56  sion may, for the purpose of carrying out the provisions  of  this  act,

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     1  hold  such  hearings and sit and act at such times and at such places in
     2  the United States, and request the  attendance  and  testimony  of  such
     3  witnesses  and  the  production  of such books, records, correspondence,
     4  memoranda,  papers, and documents, as the commission considers appropri-
     5  ate.
     6    b. Powers of subcommittees and members. Any subcommittee or member  of
     7  the  commission  may,  if  authorized by the commission, take any action
     8  which the commission is authorized to take by this section.
     9    c. Obtaining official data. The commission may acquire  directly  from
    10  the  head of any department, agency, or instrumentality of the executive
    11  branch of the government, available  information  which  the  commission
    12  considers  useful in the discharge of its duties. All departments, agen-
    13  cies, and instrumentalities of the executive branch  of  the  government
    14  shall cooperate with the commission with respect to such information and
    15  shall  furnish all information requested by the commission to the extent
    16  permitted by law.
    17    § 6. Administrative provisions.    a.  Experts  and  consultants.  The
    18  commission  may  procure  through  a competitive process the services of
    19  experts and consultants.
    20    b. Administrative support services.  The  commission  may  enter  into
    21  agreements  with the commissioner of general services for procurement of
    22  financial and administrative services necessary for the discharge of the
    23  duties of the commission. Payment for such services  shall  be  made  by
    24  reimbursement  from  funds  of  the commission in such amounts as may be
    25  agreed upon by the chair of  the  commission  and  the  commissioner  of
    26  general services.
    27    c. Contracts. The commission may:
    28    (1) procure supplies, services, and property by contract in accordance
    29  with  applicable  laws  and  regulations  and  to  the extent or in such
    30  amounts as are provided in appropriations acts; and
    31    (2) enter into contracts with departments, agencies, and instrumental-
    32  ities of the federal government,  state  agencies,  and  private  firms,
    33  institutions,  and agencies, for the conduct of research or surveys, the
    34  preparation of reports, and other activities necessary for the discharge
    35  of the duties of the commission, to the extent or in such amounts as are
    36  provided in appropriations acts.
    37    § 7. Termination. The commission shall terminate  90  days  after  the
    38  date  on which the commission submits its report to the temporary presi-
    39  dent of the senate, the speaker of the assembly, the minority leaders of
    40  the senate and the assembly and the governor as provided in  subdivision
    41  c of section three of this act.
    42    §  8.  The performance of the commission's duties, purposes and objec-
    43  tives shall be executed within amounts made available  by  appropriation
    44  therefor.
    45    §  9.  The sum of two hundred fifty thousand dollars ($250,000), or so
    46  much thereof as may be necessary, is hereby appropriated to the  Commis-
    47  sion  to  Study Reparations for African-Americans and to Recommend Reme-
    48  dies from any moneys in the state treasury  in  the  general  fund,  not
    49  otherwise  appropriated, for the purposes of carrying out the provisions
    50  of this act. Such sum shall be payable on the audit and warrant  of  the
    51  state chair of the Commission to Study Reparations for African-Americans
    52  and  to Recommend Remedies, or his or her duly designated representative
    53  in the manner provided by law.
    54    § 10. This act shall take effect immediately and shall expire  and  be
    55  deemed  repealed  30  days after the Commission to Study Reparations for
    56  African-Americans and to Recommend Remedies submits its  report  to  the

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     1  temporary  president  of  the  senate,  the speaker of the assembly, the
     2  minority leaders of the senate and the  assembly  and  the  governor  as
     3  provided  in  subdivision c of section three of this act; provided that,
     4  the  chair  of the Commission to Study Reparations for African-Americans
     5  and to Recommend Remedies shall notify  the  legislative  bill  drafting
     6  commission  upon the submission of its report as provided in subdivision
     7  c of section three of this act in order that the commission may maintain
     8  an accurate and timely effective data base of the official text  of  the
     9  laws of the state of New York in furtherance of effecting the provisions
    10  of  section  44  of  the  legislative law and section 70-b of the public
    11  officers law.
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